Getting Incentives Right: Improving Torts, Contracts, and Restitution

Robert D. Cooter (U.C. Berkeley) & Ariel Porat (Tel Aviv University). Getting Incentives Right (Princeton University Press, 2014).

"Lawyers, judges, and scholars have long debated whether incentives in tort, contract, and restitution law effectively promote the welfare of society. If these incentives were ideal, tort law would reduce the cost and frequency of accidents, contract law would lubricate transactions, and restitution law would encourage people to benefit others. Unfortunately, the incentives in these laws lead to too many injuries, too little contractual cooperation, and too few unrequested benefits. Getting Incentives Right explains how law might better serve the social good."
—Publisher's Website

Wrap Contracts: Foundations and Ramifications

Nancy S. Kim (California Western). Wrap Contracts: Foundations and Ramifications (Oxford University Press, 2013).

"[Nancy Kim] explains how businesses and existing law unfairly burden users and create a coercive contracting environment that forces users to 'accept' in order to participate in modern life.  Kim's central thesis is that how a contract is presented affects and reveals the intent of the parties.  She proposes doctrinal solutions to fairly balance the burdens of wrap contracts between businesses and consumers."
—Wrap Contracts book jacket